Read more: DA has no regrets about Phoebe Prince bullying charges
Read more: Attorney's in Phoebe Prince case get down to brass tacks
Lawyers have filed motions stating the charges against Austin Renaud, 19, for the statutory rape of 15-year-old Phoebe Prince should be dropped.
Renaud's lawyer Terrence Dunphy said, in the first motion, that "the indictment alleges that a sexual act took place but does not define the time, date or place of the alleged sexual assault. The government, due to the untimely death of the young lady, is unable to produce such evidence of sexual assault and will be unable to produce in the future credible, admissible evidence that a sexual act occurred and that the act constituted intercourse and that those actions or events happened within the jurisdiction of this court.”
In the second motion he said there is "credible evidence" of Renaud's remorse at the death of Prince, which was not presented to the grand jury. He added that his client "denied any sexual relationship with Ms. Prince" and that he was "interview without an attorney and with the presence of his parent.”
Dunphy said the motions were filed because "we’re trying to negotiate a settlement.” He also said there was a delay in filing the motions because of the recent transition in the DA's office.
Phoebe Prince, a high school student at South Hadley, Massachusetts, had recently moved from Co. Clare with her parents. She hung herself in her parents’ home on January 14, 2010. She had been relentlessly bullied by her peers at school.
Five students were charged with connection to her murder as well as Renaud. Flannery Mullins, Sharon Velazquez, Ashley Longe, Kayla Narey and Sean Mulveyhill, have been charged with civil rights violations resulting in bodily harm.
Narey and Mulveyhill are being charged as adults, with Mulveyhill facing an additional charge of statutory rape.
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